Model Clause on Med-Arb
Any dispute, controversy, or claim arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, shall first be submitted to mediation administered by the Asian Centre for International Arbitration and Mediation (ACIAM) in accordance with the ACIAM Mediation Rules in force at the time of the dispute, which are deemed incorporated by reference into this clause.
If the dispute is not resolved within [X] days from the commencement of mediation, or within such extended period as the parties may agree in writing, the dispute shall be referred to and finally resolved by arbitration administered by ACIAM, in accordance with the ACIAM Arbitration Rules in force at the time of commencement, which are deemed incorporated by reference into this clause.
For Clarity
Parties may seek interim relief or emergency measures during mediation or arbitration under the ACIAM Arbitration Rules
Mediators engaged in the dispute shall not serve as arbitrators in subsequent arbitration proceedings, unless expressly agreed otherwise in writing by all parties.
- The seat and legal place of arbitration shall be [City, Country].
- The arbitral tribunal shall consist of [one/three] arbitrator(s), appointed in accordance with the ACIAM Arbitration Rules.
- The language of the mediation and arbitration shall be [language].
- The law governing this arbitration agreement shall be the laws of [State/Country].
- The governing law of the contract shall be the substantive law of [State/Country].
